Details of unified rules for owners of jointly owned properties in GCC

The Official Gazette published the unified rules for owners of jointly owned properties in the GCC countries, which were approved by the Cabinet last July. The rules consist of 14 articles.

A jointly owned property is defined as a property comprising individually owned real estate units and common areas. Common areas are those designated for the shared use of unit owners and occupants. An occupant is any person benefiting from a unit according to its designated purpose, including the owner, tenant, beneficiary, or any person authorized by the owner to use the unit.

A unit is defined as a designated part of the jointly owned property that entitles its owner to independently use and dispose of it, separate from the other parts. It includes an apartment, shop, floor, or house (villa), whether attached to another house or standalone, and whether used for residential, commercial, industrial, or any other purpose.

Article 3 stipulates that the rules govern the management of common areas and the maintenance of buildings for property owners or beneficiaries. Certain areas or properties may be exempted in accordance with criteria determined by each GCC country.

Under Article 6, each owners’ association must have bylaws to ensure proper use and management of the jointly owned property, provided they do not conflict with the national legislation of each country. The bylaws must be approved by the competent authority and shall not take effect until such approval is granted.

Article 10 requires occupants to comply with the bylaws in their dealings with the owners and occupants of other units and with the owners’ association, to the extent that the bylaws apply to them. The bylaws shall also specify the party responsible for paying the amounts required for the maintenance and management of the jointly owned property, as well as any other obligations imposed on the unit, in accordance with the national legislation of each country.

Meanwhile, Article 12 prohibits making any modifications or alterations to the structure or external appearance of a unit, or to any substantial part of the jointly owned property, without obtaining the approval of the owners’ association and in accordance with the procedures applicable in each country. Any violator shall be responsible for repairing, at their own expense, any damage resulting from the alteration or modification.

The rules also stipulate that insurance coverage for jointly owned properties shall be governed by the procedures applicable in each country. The ministerial committee responsible for housing affairs in the GCC countries may also propose amendments to these rules.